The Code of Civil Procedure of the State of New-York (Google eBook)

Front Cover
Weed, Parsons, and Company, public printers, 1850 - Civil procedure - 791 pages
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Contents

Definition of a civil action
12
OF THE COURTS OF JUSTICE
14
Civil and criminal remedies not merged in each
18
CHAPTER IV
27
The superior court of the city of NewYork
39
CHAPTER VII
52
CHAPTER IX
58
ARTICLE II
63
The justices couns
73
The justices courts of the cities of Albany Hudson and Troy
78
CHAPTER XVI
85
Courts not to be open on certain days except
89
Particular disqualifications of judicial officers
98
Section 224 Powers of county judge in cases of supreme
100
Means to be used by court or judicial officer
105
CHAPTER I
108
The qualifications and exemptions of jurors
110
ARTICLE HI Manner of returning the grand jury list and drawing and summoning the grand jury
113
of drawn grand jurors
114
Grand jury to be drawn from names depo sited How drawn for a city court
115
Misdescription of court not to invalidate order
116
Drawing how conducted
117
Panel to be delivered to sheriff
118
Penalty on grand jurors for nonattendance
119
Manner of returning the trial jury list except
121
ARTICLE X
135
CHAPTER IV
141
CHAPTER II
152
ARTICLE I
157
ARTICLE IV
163
supreme court to another
164
Jail liberties and the admission of prisoners thereto 181
165
He is the chief executive officer and conserva
166
County jails the keeping of prisoners therein and the pro
172
Physician to jail how and by whom appoint
178
Present jail liberties continued
181
Execution and return of process by former
187
ARTICLE I
192
Dulies of coroners when the sheriff is a party
194
to the courts of justice
201
Duties of attorneys and counsellors
204
ARTICLE IV
210
By whom proceedings may be instituted
215
civil code
220
CHAPTER III
221
Guardians
222
Of the form of civil actions 225
225
Occupation under written instrument or judg
227
CHAPTER III
233
Provision where judgment has been reversed
237
Power of court or judicial officer to adjourn
242
TITLE V
254
TITLE VI
262
Counterclaim precludes another action for
266
CHAPTER VI
272
Mistakes in pleading and amendments
279
No error or defect to l e regarded unless it af fect substantial rights
282
TITLE VII
283
other bail
289
Justification and allowance of bail
290
Deposit of money with sheriff
291
713
298
Attachment may be vacated on motion
311
Issues and the mode of trial
317
Conduct of the trial
324
The verdict
330
Provisions relating to trials in general
334
Judgment a lien from the time of docketing in the county only
340
TITLE IX
347
when
350
Persons arrested on execution to be imprisoned
352
When property is claimed by a third person sheriff may summon jury to try the claim
353
Manner of executing against property
354
Actions for nuisance waste trespass on indian lands and wil ful trespass on other real property 3gg Section 908 Nuisance defined action therefor
386
CHAPTER IV
390
Who may not purchase
391
Consent to partiiion by guardian
407
Slate may be party
408
CHAPTER V
409
legatees heirs and devisees
416
CHAPTER VII
428
Actions to vacate charters and letters patent and to prevent
437
Actions in justices courts
445
Pleadings and trial
459
lowed unless fees are paid r
470
Judgment and execution
471
justice
472
Party may remit excess over jurisdiction
473
Offer of defendant to allow a ceriain recove ry and its effects
474
Execution allowed within five years
475
Execution against joint debtors
476
When a constable may omit to arrest
477
When and how discharged
478
Execution by county clerk on judgment dock eted
479
ARTICLE IV
480
Of appeals in civil actions
493
Appeals to the supreme court from an inferior court
501
Appeal to the court of common pleas of the city
504
TITLE XIII
512
Admission or inspection of writings
516
General provisions
523
sues
526
act
527
Counsel to speak only an hour without leave
528
All existing rights of action prosecuted as pt escribed in this code
529
PART III
531
Of state writs
532
Its extent
535
CHAPTER III
537
CHAPTER IV
541
ted Slates
544
TJ writ of deliverance from imprisonment
545
In cases of sickness production of person dispensed with
557
meanor
560
Judgment of discharge if imprisonment illegal
561
For refusing a copy of order forfeiture of 200
562
Writ how served
563
Charges of bringing up prisoner may be or dered to be paid
564
CHAPTER VI
565
Of summary prodeedings
567
If answer made case to be put on calender
570
When part only is due and there is a surplus
578
Mortgages to the state included
590
Summary proceedings for obtaining possession of real proper ty in certain cases
592
Of the enforcement of liens
600
Liens on buildings
601
Liens on vessels
606
Liens on cargoes for wharfage
609
Liens on things doing damage upon real proper ty
610
General provisions
615
Of the punishment of contempts
617
Of assessments
624
Opening of private roads
630
Of the voluntary dissolution of corporations
633
Of proceedings in the courts of conciliation
641
Of arbitrations
647
Proceedings in cases of insanity and habitual
656
civil code
657
Appeals from surrogates courts
664
CHAPTER I
667
Proceedings of insolvent to discharge himself from his debts
670
Of miscellaneous proceedings and general provisions
681
Whoever pays entitled to receipt
781
other 12
12
The courts of justice in general 15
15
Provisions respecting suits heretofore com
24

Common terms and phrases

Popular passages

Page 267 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. 1 50. The counterclaim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action...
Page 250 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 304 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 249 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 706 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Page 386 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 706 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be, between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement, other than the contents of the writing, except in the following cases : 1.
Page 4 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 252 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.
Page 281 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...

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